Law is a normative ideal that secures an equilibrium order between the interests of individuals and society. Its principles include the Rule of law, the protection of human rights, and the equality of all members of society. It is a body of norms that should be accessible to the public, studied and internalized. It also protects people from abuse of power. These values are closely related to independence of the judiciary, government accountability, and the integrity of legal processes.
Rule of law is a normative ideal
The rule of law is a normative ideal that is derived from an accurate public conception of individual rights. According to this ideal, laws must capture the moral rights of individuals.
Legal obligations are normative
The concept of normativity is a key element of the idea of legal obligations. It implies that a person has a duty to perform a specific act based on specific rules and values. However, legal obligations are not the same as moral obligations. For example, a person has no duty to kill another human being, but all humans have a duty to maintain public order in their communities.
Legal institutions secure an equilibrium order
When it comes to contract law, the freedom to contract is limited. Only legislative enactments are binding on parties and judges usually follow precedents from previous cases. This limits the freedom of contract and makes it difficult for parties to enter into contracts without certain implied terms.
Normative ideals are part of a normative story
Human beings are a culturally-conditioned people who are motivated by a set of normative ideals. These ideals guide our behavior and lead us to come to equitable decisions when confronted with divergent options. However, there are many problems associated with normative ethics.
Origins of the rule of law
The history of the Rule of Law has been replete with debates and philosophical reflection. Many thinkers, from Aristotle to Niccolo Machiavelli, argued that the Rule of Law had been developed to protect citizens against despotic kingship. The debates continued through the medieval era, the European Enlightenment, and into the modern era.
Concept of law
Law is a system for governing human behaviour, establishing rights and duties and guiding the course of human history. Its primary aim is to protect human interests and regulate conduct in society. Law and morality are related, but they are distinct. Morality focuses on the ethical behavior of lawyers and judges, while law focuses on the rights of citizens and the responsibilities of those in authority.